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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, March 25, 2008

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

Tom Bates, MayorCouncilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Dona Spring

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, and Teleconferencing. Any member of the public may attend this meeting at either location. Questions regarding this matter may be addressed to Deanna Despain, Deputy City Clerk, 981-6900

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Preliminary Matters

Roll Call:

Ceremonial Matters:In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters:Five persons selected by lottery will have two minutes each to address matters not on the Council agenda. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting. Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only:The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item. The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar. Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point. Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

Recommendation: Adopt second reading of Ordinance 7,023 –N.S. amending Zoning Ordinance sections 23C.04.030 and 23E.16.040 and adding Chapter 23B.68 to allow: (1) Abandonment of lawful non-conforming off-sale alcohol beverage sales uses after 90 days of closure; (2) Private right of action against nuisances; and (3)Greater flexibility for the Zoning Adjustments Board when issuing a use permit for a new alcohol sales use when there has been only one prior violation or complaint.

Recommendation: Adopt second reading of Ordinance 7,024 –N.S. authorizing the City Manager to

Execute a lease agreement with International Computer Science Institute (ICSI) for $4,970,268 for a term of five years from April 1, 2008 to March 31, 2013, and two additional lease options of five years each, and

Adjust the rent to reflect the negotiated rate during the holdover period.

Recommendation: 1. Authorize the City Manager to execute a Personal Services Contract (PSC) with Rene Cardinaux, AIA, for design and construction management services for the City’s new Animal Shelter not to exceed $50,000. 2) Issue an RFP for Design/Build option at current site, and/or alternative sites and design/build options

Recommendation: Approve the new invitation for bid/request for proposal (RFP) that will be, or is planned to be, issued in the next 30 days upon final approval by the requesting department or division.

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the City of Richmond/Richmond BUILD to provide job training in the construction trades to eleven Berkeley transition age youth for the period of April 1, 2008 through December 31, 2008 in an amount not to exceed $33,000.

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Rubicon Workforce Services to provide private sector outreach and job placement to Berkeley transition age youth for the period of April 1, 2008 through December 31, 2008 in an amount not to exceed $65,203.

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with the County of Alameda for Shelter Plus Care funds in the amount of $211,250, to provide tenant-based rental assistance for people living with HIV/AIDS for the 12-month period of March 1, 2008 through February 28, 2009.

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7362 with Project Management Services, LLC for project management services at the Gilman Street Sports Fields Project for an additional $70,000 for a total contract amount not to exceed $165,000.

Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement and any amendments with Young Kim (doing business as Bay Point Sales) at 225 University Avenue in Berkeley, California from April 1, 2008 to December 31, 2014.

Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the Department of Housing and Community Development (HCD) for a Proposition 1C Infill Infrastructure Grant for funds in the amount not to exceed $9,000,000 for implementation of the San Pablo Avenue Public Improvement Plan; and accept the grant, and execute any resultant agreements and amendments.

Recommendation: Authorize the City Manager to issue an RFP to identify a qualified firm or consultant team to prepare a Development Feasibility Analysis that examines the effects of building height options and other regulatory options that could affect the feasibility of future development projects in Downtown Berkeley under the Downtown Area Plan.

Recommendation: Adopt a resolution authorizing staff to apply for a grant available from the California Office of Historic Preservation (OHP) to supplement the funds required to complete the remaining work on the Downtown Berkeley Historic Resources Survey.

Recommendation: Accept fiscal year 2007annual financial report and set a public hearing for April 22, 2008 for the fiscal year 2008 California Citizen's Options for Public Safety (State COPS) grant funding.

Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Projects located at Dwight Way, Roosevelt Avenue, Grant Avenue, Russell Street, Rose Street, and Eunice Street; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders with K. J. Woods Construction, Inc., until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $569,800 for a term of 220 calendar days from the date of the execution of the contract.

Recommendation: Request the City Manager to report back on or before October 2008, and every six months thereafter, regarding the implementation status of the audit recommendations in the attached audit report until each recommendation is fully implemented.

Recommendation: Direct the City Manager to: 1) Resolve issues that prevent implementation of recommendations of the 1999 Budget Monitoring Audit regarding improved accountability, skills, and training in budget monitoring. 2) Develop and document the strategy in place to resolve issues related to the Sungard/HTE FUND$ financial systems software that, according to City staff, prevent them from implementing audit recommendations. 3) Report to Council on progress made on these issues by May 20, 2008, and no less frequently than every six months thereafter, until resolved.

Recommendation: Endorse the Seventh Annual Peace Lantern Ceremony to be held in Aquatic Park on or about Saturday, August 9, 2008; and direct the City Manager to post the event on the City's Community Calendar once the date is finalized.

Recommendation: Oppose AB 2601 (Benoit) which withholds Vehicle License Fees (VLF) to any city that is declared to be a sanctuary city and direct the City Manager to send a letter of opposition to: Senator Don Perata, Pro-Tempore, Assemblyman Charles Calderon, Chair, Assembly Revenue and Taxation Committee Assemblyman John Benoit, Assemblywoman Loni Hancock, Oksana Jaffe, Chief Consultant, Assembly Revenue and Taxation Committee

Financial Implications: $8 million in VLF revenue

Contact: Tom Bates, Mayor, 981-7100

Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up. Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

Recommendation: Complete the public hearing and upon conclusion, adopt a Resolution adopting the revised mitigated negative declaration and approving Use Permit No. 04-10000145 to construct a new single family dwelling at 161 Panoramic Way.

Recommendation: Authorize the Acting City Attorney to work with other Bay Area jurisdictions to file a lawsuit to enjoin aerial spraying to eradicate the Light Brown Apple Moth in the Bay Area, and to join in such a lawsuit if it is filed, subject to financial limitations to be determined by the Council.

Recommendation: Amend Section 21.28.050.C. of the revised Condominium Conversion Ordinance (CCO) before you this evening, to require that existing and future tenants occupying converted units, along with the homeowners association and all purchasers of converted condominium units, be notified of remaining violations of housing and building codes found during the CCO’s local law compliance process.

Recommendation: That the Berkeley City Council adopt a resolution to express its support for re-establishing an East Bay Public Safety Corridor Partnership and direct the City Manager to send a letter to governmental agencies and stakeholders to request their support in joining a Partnership.

Recommendation: To insure that the Public has the opportunity to comment on recommendations from and action by commissions, the Council asks the City Manager to investigate the feasibility of implementing the following proposals:

1) At the time when a commission’s agenda is posted on the City Web site, it shall be accompanied by posting of the complete information packet distributed to members of the commission for that meeting, including any text of proposed actions, except any confidential information.

2) Within a specified number of days after each commission meets (to be determined after Council receives input on this proposal from commissions and staff), an annotated agenda shall be posted on that commission's Web page listing actions taken by the commission, including the language of items adopted, except any confidential information (similar to the annotated Council agenda posted after its meetings).

3) At the time when the Council Agenda Committee's agenda is posted on the City Web site, it shall be accompanied by posting of the full language of any proposals from commissions to be considered for the Council agenda under discussion, except any confidential information.

4) The Manager shall report to Council by the end of June, 2008 regarding methods the City could implement on its Web site to facilitate public comment on any commission proposal, such as links from the text of the proposal to a "Comments" page, with such comment becoming part of the public record of the commission (if the comment is received prior to the commission's action on that item) or of the City Council (if the comment is received after a recommendation has been adopted by the commission for Council consideration).

5) This proposal shall be circulated to all commission members by May 1, 2008 for comment. For those commissions that do not meet before May 1, 2008, copies shall be mailed to members individually.

6) Elements of this proposal may be phased in over time, each new phase being applicable simultaneously to all City commissions.

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting.

Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on March 20, 2008

Deanna Despain, Deputy City Clerk

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.